Facebook asked a federal judge to dismiss a class action accusing it of exploiting children, claiming that Facebook users' "like" statements qualify as matters of public interest

http://www.courthousenews.com/2011/08/08/38793.htm

 "Expressions of consumer opinion, such as the plaintiffs' Like statements challenged here, have repeatedly qualified as matters of public interest under the First Amendment," Facebook claimed in a motion seeking "more definite statement or dismissal."   On behalf of their children, Melissa Dawes and Jennifer DeYoung filed a class action on June 1, claiming Facebook's non-negotiable terms of membership that say its members are subject to such advertising and marketing do not apply to minor children.

The plaintiffs say children lack the capacity to consent to the use of their name and photographs for marketing, advertising and selling of goods and services. Facebook uses users' "Like" statements to advertise products. Facebook claims republishing the "Likes" is protected and provides a service.
"By republishing a user's name or likeness along with the true statement - already shared with the user's Friends - that he or she 'Likes' certain content being advertised on its website, Facebook

provides a forum for authentic endorsements by persons who, without pecuniary motive, have expressed their approval of a particular product, service, or cause," Facebook claims.
"This serves a particularly valuable public interest because the information is republished only to the user's friends - persons for whom a user's opinion may be of particular interest, and with whom the user has already decided to share that information. Consequently, Facebook has a right under IRPA [Illinois Right of Publicity Act] to republish information that the courts have explicitly recognized relates to matters of public interest." Facebook also claims that the plaintiffs failed specify which law it broke.
"Plaintiffs' vague references to unspecified 'state law' render their claims unintelligible, prejudice Facebook's ability to prepare its defense, and will hinder the Court's efforts to evaluate the sufficiency of plaintiffs' claims," Facebook says. "This defect requires dismissal and a more definite statement under Federal Rule of Civil Procedure 12(e)."
    

 Facebook cited a similar case in California Federal Court that was dismissed.
     

Represented by Matthew D. Brown with Cooley LLP of San Francisco, Facebook seeks oral argument, and wants the complaint dismissed with prejudice

Where does the balance lie between an individual's right to privacy and the public's right to know? http://www.bbc.co.uk/blogs/pm/2011/06/the_privacy_commission.shtml

The BBC has interviews with : Hugh Tomlinson QC, Zac Goldsmith MP, Max Mosley, Stephen Abell, Hugh Grant, Sir Charles Gray, Alan Rusbridger, Helen Wood, Max Clifford, Marcus Partington, John Kampfner, Christopher Graham, Louise Mensch, Andy Trotter, John Mullin, Avril Sanders Royle, Jimmy Wales

You can read more about the Commissioners here.

The draft terms of reference are now available on the PM blog, and listeners have a week to offer suggestions and alterations for the Commission to consider, as well as proposals for witnesses. Evidence sessions will begin in mid-June.

http://www.bbc.co.uk/blogs/pm/2011/06/the_privacy_commission.shtml

Full document here  http://www.w3.org/2011/tracking-protection/charter-draft

Scope

The Working Group will produce Recommendation-track specifications for a simple machine-readable preference expression mechanism ("Do Not Track") and technologies for selectively allowing or blocking tracking elements.

Proposed candidate technologies for this preference that the Working Group will consider include, but are not limited to, the use of an HTTP header to signal the preference and a site's response, and the use of a ECMAScript API or DOM property for the same purpose.

Additionally, the Working Group will define the scope of that user preference and practices for compliance with it in a way that will inform and be informed by the technical specification. The group will actively engage governmental, industry, academic and advocacy organizations to seek global consensus definitions and codes of conduct.

The Working Group may investigate monitoring of implementation and conformance to Recommendations by both user agents and Web sites.

Argument preview: How broad is the right to mine data? by Lyle Denniston

The US Supreme Court held a one hour of oral argument on 26th April on the scope of constitutional protection for the modern phenomenon of “data-mining,” the creation of usable information out of masses of stored computer entries.  The case is Sorrell, et al., v. IMS Health, et al. (10-779).   Arguing for the state of Vermont, defending a law that limits the commercial use of such data, will be an assistant state attorney general, Bridget C. Asay of Montpelier.  Supporting such regulatory efforts, for the federal government, will be Deputy U.S. Solicitor General Edwin S. Kneedler, with ten minutes of time.  Speaking for data-mining companies and pharmaceutical manufacturers will be Thomas C. Goldstein of Goldstein, Howe & Russell in Washington, D.C.  

Whilst it is an interesting question, the question should not be about the right to mine but the right to accept/ opt out of the offer of a barter (data for services) and was it understood.

According to Samy Kamkar on this Blog post - and having tried it, it is spot on.

android map exposes the data that Google has been collecting from virtually all Android devices and street view cars, using them essentially as global wardriving machines. 

When the phone detects any wireless network, encrypted or otherwise, it sends the BSSID (MAC address) of the router along with signal strength, and most importantly, GPS coordinates up to the mothership. This page allows you to ping that database and find exactly where any wi-fi router in the world is located. 

You can enter any router BSSID/MAC address to locate the exact physical location below, or try his demonstration router by hitting "Probe"

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Personally tried and it is 100% spot on as per my image. I then looked up the IP address and this told me who owns the IP pipe and most likely the company I am sitting at.  I could do the same with a search at Companies House and the address or you could just phone me up as ask me.   

Am I worried that I can be tracked no.  Am I worried that someone could exploit this raw data, maybe. Am I worried that the data and its subsequent analysis is hidden and I cannot get access to it - probably. Am I worried that I cannot own my own data, signals and value - Yes

In the mist of understanding Facebook privacy and Apple location data issues – what about your Tweets, who owns them?

This is a top blog at techblawg “who owns your tweets”

The summary is:  You write it, you own it unless you are employed, bound by a contract, gave rights or did not quite understand that you were hoodwinked by someone else and that is whilst you are alive – when your dead it is a whole different problem.

If you want some background about the Apple issue I suggest you read materials from Alex Levinson especially his post titled 3 Major Issues with the Latest iPhone Tracking “Discovery”

Personally I am not actually bothered that I didn’t read the 15,200 words of the Apple Terms and Conditions to discover that there are 86 words that cover off the use of your location.  I am slightly more worried that the lawyers see a massive opportunity to subpoena your phone and subsequently get your routes and routines which you cannot opt out of other than by not buying the iPhone.  Forget divorce lawyers I would be getting a request for every stop and search. “so where have you been since you bought into Apple sonny”

Realising that your location data is cumulative across all your apple devices is probably something we did not realise either and having two phones or throwing away the one that has your hidden life on does not help either…..

Is the issue here about do you still trust “Brand Apple?”

Gathering data is fine (as long as you tell everyone in big bright lights) and in reality it is there in black and white but it was not obvious and I don’t think anyone expected the cumulative nature of your location data.  The issue now is how does Brand Apple allow you to choose an opt out of this option/ track/ hide/ locate/ store and still allow you to buy/ use the iPhone and confirm to you it has been deleted.

When will Apple update my iPhone with this new option, especially if I don’t use iTunes and there is no OTA (over the air) update. Having done a factory wipe and sold an iPhone, I am now worried that this data was not wiped….and so off to eBay I go to see what I can buy.

The damage for me is about trust and trust comes from levels of transparency and control.  It will be interesting to see who gives up their iPhone over this issue or just decides to change technology at the next round.

What I don’t know is if I can fake the location on the phone and what time (of day) it uses.  I know that the time (actual time based on an atomic clock) varies across Mac/ iPad and iPhone so I am not too sure that the data about time and location is that good that you can be convicted of the crime….

Snooping: It's not a crime, it's a feature. New apps hijack the microphone in your cell phone to listen in on your life

Article from ComputerWorld April 2011 or a more original one from ZDnet/ CNet in 2006

"A new class of smartphone app has emerged that uses the microphone built into your phone as a covert listening device -- a "bug," in common parlance.

But according to app makers, it's not a bug. It's a feature! The apps use ambient sounds to figure out what you're paying attention to. It's the next best thing to reading your mind."

dull, dull dull.  Fear, uncertainty and doubt sell - this is not new and even before apps like Shazam and SoundHound.  In 2001 I reviewed a plan that wanted to determine what TV channel you were watching and come up with new recommendations based on using the microphone on a cell/ mobile.  There are several still trying such as IntoNow  want more there is a good write up on mashable.

Like clicks, keyboard strokes, location it all depends on how you interface with the user. Companies want to provide Context and to do that you need data.  The choice is yours: Go for creepy and collect without telling and provide personal insights - freak me out and die or engage with me and tell me what you are doing and why. 

About Give Me My Data

Give Me My Data is a Facebook application that helps users export their data out of Facebook. Reasons could include making artwork, archiving and deleting your account, or circumventing the interface Facebook provides. Data can be exported in CSV, XML, and other common formats. Give Me My Data is currently in public-beta.

Give Me My Data is developed by Owen Mundy.  @owenmundy